Indian criminal procedure | Updated 17 October 2026

Section 146 CrPC and Section 165 BNSS: Attachment of Disputed Property and Appointment of Receiver

A Magistrate may order temporary attachment of land, water or other property involved in a possession dispute likely to cause a breach of peace. Section 146 of the Code of Criminal Procedure, 1973 provided this power; the corresponding current provision is Section 165 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Current law: The BNSS came into force on 1 July 2024. For proceedings instituted under the earlier CrPC, the saving and transitional provisions of Section 531 BNSS should be considered. The applicable procedural law depends on the facts and status of the proceedings.

Legal framework: Section 146 CrPC and Section 165 BNSS

Section 146 CrPC was titled “Power to attach subject of dispute and to appoint receiver.” It operated alongside Section 145 CrPC, which dealt with disputes concerning land or water likely to cause a breach of peace. Under the current BNSS, the corresponding provisions are Sections 164 and 165.

Section 164 BNSS concerns a Magistrate's inquiry into actual possession in the context of an apprehended breach of peace. Section 165 provides an interim protective mechanism where possession cannot safely or reliably be left as it stands. These provisions are intended to preserve public peace, not to finally adjudicate ownership or title.

When can a Magistrate attach disputed property?

Under Section 165(1) BNSS, after making an order under Section 164(1), the Magistrate may attach the subject of dispute if any one of these statutory circumstances exists:

Emergency: the Magistrate considers the case to be one of emergency.
Neither party in possession: the Magistrate decides that none of the parties was in the possession contemplated by Section 164.
Uncertain possession: the Magistrate cannot satisfy himself which party was in such possession.

The attachment can continue until a competent court determines the parties' rights regarding entitlement to possession. The Magistrate may withdraw attachment earlier if satisfied that there is no longer any likelihood of breach of peace concerning the disputed property.

Appointment of a receiver under Section 165(2) BNSS

When attaching the property, the Magistrate may arrange for its care or appoint a receiver if a civil court has not already appointed one for that property. A receiver is a neutral person entrusted with custody or management of property under judicial supervision. The Magistrate-appointed receiver has, subject to the Magistrate's control, the powers of a receiver under the Code of Civil Procedure, 1908.

If a civil court subsequently appoints a receiver, the Magistrate must direct his receiver to hand over possession to the civil court receiver and discharge the Magistrate-appointed receiver. The Magistrate may also pass just incidental or consequential orders.

Section 146 CrPC: Original statutory provision

The following preserves the substance of the original provision for reference to matters governed by the former Code of Criminal Procedure, 1973.

146. Power to attach subject of dispute and to appoint receiver

(1) If the Magistrate at any time after making the order under sub-section (1) of section 145 considers the case to be one of emergency, or if he decides that none of the parties was then in such possession as is referred to in section 145, or if he is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach the subject of dispute until a competent Court has determined the rights of the parties thereto with regard to the person entitled to the possession thereof:

Provided that such Magistrate may withdraw the attachment at any time if he is satisfied that there is no longer any likelihood of breach of the peace with regard to the subject of dispute.

(2) When the Magistrate attaches the subject of dispute, he may, if no receiver in relation to such subject of dispute has been appointed by any Civil Court, make such arrangements as he considers proper for looking after the property or if he thinks fit, appoint a receiver thereof, who shall have, subject to the control of the Magistrate, all the powers of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908):

Provided that in the event of a receiver being subsequently appointed in relation to the subject of dispute by any Civil Court, the Magistrate—

(a) shall order the receiver appointed by him to hand over the possession of the subject of dispute to the receiver appointed by the Civil Court and shall thereafter discharge the receiver appointed by him;

(b) may make such other incidental or consequential orders as may be just.

Practical implications for property disputes

Does attachment decide ownership?

No. Attachment is a preventive, interim measure relating to possession and public peace. Questions of title and substantive civil rights are for the competent civil court.

Can an attachment order be withdrawn?

Yes. The proviso to Section 165(1) BNSS permits withdrawal when the Magistrate is satisfied that the likelihood of breach of peace no longer exists.

What happens when the civil court appoints a receiver?

The Magistrate-appointed receiver must transfer possession to the civil court receiver and be discharged, as prescribed by Section 165(2).

What documents may be relevant?

Depending on the dispute, parties may rely on possession records, revenue entries, title documents, leases, photographs, police reports, witness statements and civil court orders. The evidentiary value of each document depends on the facts; title documents alone do not necessarily establish actual possession.

Official legislation and references

This article provides general legal information. Case-specific remedies depend on the applicable law, court orders and factual record.